You
might remember when T-Mobile, back in August, was
being sued for throttling its "unlimited" data
plans without any indication its plans were anything but unlimited.
Well, it doesn't look like the nation's fourth-largest carrier is
going to stop doing so. Instead, it will decrease the data cap to 5
GB, and do a better job of telling its customers about the policy,
Tmonews reports.

Starting
October 16, if customers exceed 5 GB of data usage in a single
billing cycle, they will receive a text message warning them that
their data speeds will be reduced until the next billing cycle
starts. T-Mobile claims this policy will affect less than 1 percent
of its customer base -- the "extreme data users" -- and
will ensure "that all subscribers receive the best Web
performance available by limiting the number of extreme data users on
our network."

Previously,
T-Mobile capped usage as it saw fit (usually at around 10 GB) thanks
to the following paragraph of fine print:

To
provide the best network experience for all of our customers we may
temporarily reduce data throughput for a small fraction of customers
who use a disproportionate amount of bandwidth. Your data session,
plan, or service may be suspended, terminated, or restricted for
significant roaming or if you use your service in a way that
interferes with our network or ability to provide quality service to
other users.

This
was the issue in the class action lawsuit filed against the
company.What many don't realize, however, is that the
company has been capping its WebConnect USB aircards at 5 GB for some
time now. The latest policy change will align all of the company's
data plans.

With
the latest development, T-Mobile has -- as is often the case -- taken
a different route than its larger competitors. AT&T began
offering capped data services in June (with 2GB as its
highest option). Rather than throttling speeds after exceeding the
capped amount, the company charges what are, in effect, overages.
Verizon, too, has announced
plans to launch capped data some time next year. And while
Sprint hasn't expressly stated plans to follow suit, CEO Dan Hesse
has indicated the provider would
be open to charging even more for 4G (it currently charges
an additional $10), or going to tiered data plans.